Sunil Ambwani, J. - (1.) The delays caused by the U. P. Secondary Education Selection Board in making regular appointment to the post of Principal and teachers has exploded the dockets of this Court with unending litigation for appointment of officiating Principals and ad hoc appointments of teachers. Although this Court has, while interpreting the provisions of Regulation 2 (3) of the Chapter II of the Regulations framed under U- P. Intermediate Education Act. 1921 and Clause 4 (1) (a) of U. P. Secondary Education Service Commission (Second) Removal of Difficulties Order, 1981 and thereafter the amended Sub-section (4) of Section 18 of the U. P. Secondary Education Service Commission Act, 1927. clarified more than once that seniority is not the only criteria for appointment of officiating Principal by the Committee of Management to be approved by the District Inspector of Schools, and that it only gives a right of consideration subject to suitability of senior-most person to hold the office as laid down in the Full Bench Decision of Radha Raizada v. Committee of Management, (1994) 3 UPLBEC 1551, actual experience shows that the Committee of Management prefers their own candidate and go to any extent to circumvent the law. The present case is a classic example of fight between senior teachers in getting the approval to officiate as Principal engaging valuable time of this Court, in this simple process of appointment.
(2.) The facts relating to the aforesaid bunch of cases filed for appointment to the post of officiating Principal of the Chaudhary Ramroop Singh Dhanraj Singh Intermediate College, Dhata, district Fatehpur are stated as below.
(3.) The appointment of Dhan Raj Singh, the out-going Principal was under challenge in Writ Petition No. 41563 of 1999. After his retirement on 30.6.1998, the aforesaid writ petition appears to have become infructuous. The post of Principal was going to fall vacant on 30.6.1998. Sri Bacchi Lal Singh is the senior-most teacher in 'Lecturers Grade'. He was also due for retirement on 30.8.1998. Thereafter the next three lecturers, namely. Sri Prem Narain Singh. the respondent No. 5, Rati Bhan Singh and Sri Mahant Prasad Singh were appointed subsequently in lecturer's grade in the same cadre and according to date of birth, Prem Narain Singh is the senior-most and thereafter Sri Rati Bhan Singh and Sri Mahant Prasad Singh are next in the line of seniority. It is alleged that on 28.6.1998 a resolution was passed by the Committee of Management of which Sri Amrit Lal Singh was the Manager,. It considered the seniority of the Lecturers and found that since Sri Prem Narain Stngh, the respondent No. 5, had not worked satisfactorily in the year 1980, when he was allowed to officiate for a short-time and that he has been involved in the matter of issuing forged mark-sheets to two students who are his nephews on account of which they lost their employment and further some books, which were gifted to school, were shown to be purchased by him. It also found that he has been engaged in the activities of inciting teachers and students against the management and has also taken to liquor, and thus, inspite of being a senior-most, is not a suitable person to be appointed as officiating Principal. The Committee of Management, therefore, resolved to enquire in writing from lecturers from senior numbers 3 and 4 for appointment as officiating Principal. The manager of the college accordingly Informed the District Inspector of Schools with the resolution. The District Inspector of Schools, however, attested the signature of Sri Prem Narain Singh, by his order dated 7.7.1998. Aggrieved, Writ Petition No. 8162 of 1998 was filed by the petitioner, Mahant Prasad Singh, which was disposed of on 16.3.1999 with the direction to the District Inspector of Schools to decide the claim of the petitioner on the basis of the documents already sent to him. By an order passed on 16.8.1998 the District Inspector of Schools considered the written statement of Sri Amrit Lal Singh ex-manager of the college, the petitioner Mahant Prasad Singh, Sri Dhanraj Singh, the existing manager of the college (who was the Principal on whose vacancy the officiating appointment had to be made) and came to the conclusion that since Sri Prem Narain Singh Is the senior-most teacher in lecturer grade, his appointment shall be approved.;